What Happens If You are hit by a Driver Using a Rental Car in New Brunswick?

Getting into a car accident is stressful enough—but when the other driver is behind the wheel of a rental car, the situation can become more complicated. If you’ve been injured in such a crash, understanding insurance, liability, and who should pay for damages is essential.

Who Is Responsible When a Rental Car Driver Causes an Accident?

Fault in a car accident depends on who caused the crash, not the type of vehicle. If the rental car driver is at fault, they are generally responsible for your injuries and property damage—just like any other driver.

Rental companies often offer optional insurance such as a collision damage waiver (CDW) or supplemental liability coverage (SLI). The CDW typically covers damage to the rental vehicle itself, while SLI can help cover injuries or damages caused to others.

How Does the At-Fault Driver’s Auto Insurance Apply?

Most personal auto insurance policies provide liability coverage when the insured is driving a rental vehicle. This means the at-fault driver’s policy can pay for:

• Medical bills
• Vehicle repairs
• Other accident-related losses

In New Jersey, standard auto insurance coverage includes:

• Standard Policy: $25,000 per person and $50,000 per accident for bodily injury liability, plus $25,000 for property damage.
• Basic Policy: $15,000 per person and per accident for bodily injury liability, plus $5,000 for property damage.

If damages exceed the at-fault driver’s coverage, you may need to explore additional recovery options.

Can Credit Cards Provide Extra Rental Car Coverage?

Some credit cards include rental car insurance benefits when the rental is paid with the card. This coverage generally acts as secondary insurance, helping after the driver’s primary policy limits are reached. Terms vary depending on the card provider, so review your cardholder agreement carefully.

Can the Rental Car Company Be Held Liable?

Generally, rental companies are not responsible for crashes caused by their customers—unless they were negligent. Examples include:

• Renting an unsafe vehicle.
• Allowing someone unqualified to drive.

In these cases, you could potentially hold the rental company liable for your injuries.

What If the At-Fault Driver Has No Insurance?

If the rental car driver has no insurance or insufficient coverage, your own uninsured or underinsured motorist (UM/UIM) coverage can help. UM/UIM coverage is required for standard policies in New Jersey, but optional for basic policies.

Will the Other Driver’s Insurance Cover a Rental Car While Yours Is Repaired?

If you need a rental vehicle while your car is being repaired, the at-fault driver’s insurer is generally responsible for covering the cost once fault is established (usually 50% or more responsibility). Coverage typically continues until:

• Your car is repaired.
• A settlement is offered if the vehicle is totaled.

Find Legal Help From Our New Brunswick Car Accident Lawyers at Rebenack Aronow & Mascolo L.L.P.

Navigating insurance and legal issues after a rental car accident can feel overwhelming—especially while you’re recovering. Our New Brunswick car accident lawyers at Rebenack Aronow & Mascolo L.L.P. will advocate for your rights. Call 732-247-3600 or complete our online form to schedule a free consultation. Our offices in New Brunswick, Somerville, and Manalapan, NJ, serve clients throughout Middlesex County, Monmouth County, and Somerset County.